BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend § 5546, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 5546. Burial benefits.
(a)
Upon
On
the death of an individual receiving a pension under this chapter the sum of
$7,000 shall
$10,000 must
be paid from the Fund to a designated beneficiary
or
or,
in the absence of a designated
beneficiary
beneficiary,
the amount of this benefit
shall
must
be paid to the deceased pensioner’s estate.
Section 2. Amend § 6750, Title 18 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 6750. Funeral expenses for deceased volunteer firefighters.
(a)
The
reasonable
funeral expenses of a deceased member of a volunteer fire company, volunteer fire company ladies
auxiliary
auxiliary,
or volunteer ambulance and rescue company
shall
must
be paid in
amount not to exceed $7,000.
the amount of $10,000.
(b)
If the deceased member of such company was a state employee entitled to a funeral benefit, this chapter shall not apply. A
For the purpose of this chapter, a
member of a volunteer fire company, volunteer fire company ladies
auxiliary
auxiliary,
or volunteer ambulance and rescue company
for the purposes of this chapter is one
is an individual
who has served as an active member of
such
the
organization in Delaware for at least 10 years.
(c) If an individual eligible for funeral expenses under this chapter was a state employee entitled to a benefit under § 8331 of Title 11, § 8395 of Title 11, § 8846 of Title 11, § 5316 of Title 29, or § 5546 of Title 29, the individual is also eligible for the benefit under this chapter.
Section 3. This Act takes effect on October 1, 2023.
SYNOPSIS
This Act is a substitute for Senate Bill No. 42 and Senate Substitute No. 1 for Senate Bill No. 42. Like Senate Bill No. 42 and Senate Substitute No. 1 for Senate Bill No. 42, this Act does all of the following:
(1) Section 1 of this Act increases the burial benefit for individuals eligible to receive a pension under the State Employees’ Pension Plan (Chapter 55 of Title 29 of the Delaware Code) from $7,000 to $10,000. The burial benefit has not been increased since 2001 (See 73 Del. Laws, c. 146, § 5).
(2) As a result of the increase in burial benefit made by Section 1 of this Act, the burial benefit for individuals eligible to receive a pension under the State Police Pension Plan (Chapter 83 of Title 11 of the Delaware Code), Delaware County and Municipal Police and Firefighter Pension Plan (Chapter 88 of Title 11 of the Delaware Code), and the early retirement option for state employees (Chapter 53 of Title 29 of the Delaware Code), and the reasonable funeral expenses permitted in a wrongful death action under § 3724(d)(4) of Title 10 of the Delaware Code, are also increased as these are all linked to the burial benefit amount established under § 5546 of Title 29.
(3) Section 2 of this Act removes the requirement that the funeral expenses paid for the funeral of a deceased member of a volunteer fire company, volunteer fire company ladies auxiliary, or volunteer ambulance and rescue company be reasonable.
(4) Section 3 of this Act delays the effect of this Act until October 1, 2023, to provide time to implement this Act after the enactment of the fiscal year 2024 appropriations act containing the funding for this Act.
(5) Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act differs from Senate Substitute No. 1 for Senate Bill No. 42 as follows:
(1) This Act increases to $10,000 the amount of funeral expenses paid for the funeral of a deceased member of a volunteer fire company, volunteer fire company ladies auxiliary, or volunteer ambulance and rescue company. This is consistent with Senate Bill No. 42.
(2) Consistent with a legal interpretation of the existing law by state agencies, this Act continues to enable the payment of funeral expenses for the funeral of a deceased member of a volunteer fire company, volunteer fire company ladies auxiliary, or volunteer ambulance and rescue company even if the member was also a state employee entitled to burial benefits under § 8331 of Title 11, § 8395 of Title 11, § 8846 of Title 11, § 5316 of Title 29, or § 5546 of Title 29. However, this Act makes changes to existing law to make this legal interpretation clear.
Author: Senator Brown
